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BARKHAUSEN v. CONTINENTAL, ETC., CO.

Gen. No. 46,033.

351 Ill. App. 388 (1953)

115 N.E.2d 640

L.H. Barkhausen and Randolph Bohrer, Individually and Trading as The Doubleby Company, and Herman Brash, Individually, Appellees, v. Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, as Trustee Under a Certain Indenture of Mortgage, Dated May 1, 1935, Appellant. Myrtle J. Edwards, Michael K. Irwin, Arthur F. Dufenhorst, Irving Goodman, Flora D. Seefeld, Gertrude R. Sherman and Esther H. Wilets, Bondholders Adversely Affected by Order and Judgment, Appellants.

Appellate Court of Illinois.

Rehearing allowed September 15, 1953.

New opinion filed October 26, 1953.

Released for publication December 1, 1953.

Attorney(s) appearing for the Case

EVERETT LEWY, HOFFMAN & DAVIS, and RUBENSTEIN & BECKER, all of Chicago, for certain appellants; HARRY BECKER, MAURICE L. DAVIS, EVERETT LEWY, and IRVING GOODMAN, all of Chicago, of counsel.

MAYER, MEYER, AUSTRIAN & PLATT, of Chicago, for certain other appellant; SHERWOOD K. PLATT, of Chicago, of counsel.

SWIREN & HEINEMAN, of Chicago, for appellees; MAX SWIREN, BEN W. HEINEMAN, WILLIAM P. ROSENTHAL, HUBERT H. NEXON, and MASON L. BOHRER, all of Chicago, of counsel.

MR. JUSTICE NIEMEYER delivered the opinion of the court.

Seven owners of first mortgage leasehold bonds in the aggregate principal sum of $242,500 — approximately 10 per cent of the presently issued and outstanding bonds secured by a certain indenture of mortgage, hereinafter referred to as Mortgage Indenture dated May 1, 1935, between 32 West Randolph Corporation (hereinafter referred to as mortgagor) and Continental Illinois National Bank and Trust Company...

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